Have you recently lost someone close to you as the result of another party’s negligence, recklessness, or criminal behavior? If so, you may have grounds for a wrongful death claim under Georgia law. With a successful wrongful death claim, you can recover financial compensation for your loss and hold the at-fault party accountable. The knowledgeable wrongful death attorneys at Butler Kahn can help you seek the money your family needs while giving you the time and space to mourn the loss of your loved one. If you have questions about your legal rights, don’t hesitate to contact our firm today to get started with your free initial consultation.
If you lost a loved one due to someone else’s negligence, recklessness, or criminal behavior in Roswell, Georgia, you may have grounds to file a wrongful death claim and recover compensation for your losses. A wrongful death occurs when a person dies because another party failed to act responsibly, whether through a fatal car crash on GA 400, a workplace accident, medical malpractice, or an act of violence. Our Roswell personal injury law firm helps surviving family members pursue accountability and fair compensation during an incredibly difficult time.
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What is Considered a Wrongful Death?
Under Georgia law, a wrongful death is any human death caused by another party’s negligence, criminal behavior, or a defectively manufactured product. Fatal car accidents on roads like Holcomb Bridge Road and GA 400 often lead to wrongful death claims when another driver acted carelessly or recklessly. Medical errors, nursing home neglect in Roswell, workplace incidents, and violent crimes also frequently cause wrongful deaths that give surviving family members the right to seek compensation.
Georgia’s wrongful death statute, found in O.C.G.A. § 51-4-1, allows certain surviving family members to bring a civil lawsuit against the party responsible for causing the death. This is separate from any criminal charges the responsible party may face. A wrongful death claim focuses on compensating the family for their losses, while criminal proceedings focus on punishment for the wrongdoer.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law establishes a specific priority order for who can bring a wrongful death lawsuit. Surviving spouses have first priority when it comes to filing wrongful death claims in Georgia. If the deceased did not leave behind a surviving spouse, any surviving child or children of the deceased can file the claim. If there is no surviving spouse or child, surviving parents of the deceased can file. If there is no surviving spouse, child, or parent, only a court-approved personal representative of the deceased’s estate may file a wrongful death claim.
When a personal representative files the claim, any compensation they recover goes to the deceased’s estate and must be distributed among surviving next-of-kin according to Georgia’s intestate succession laws. Understanding who has standing to file is critical because filing by the wrong party can jeopardize the entire case. Our Georgia wrongful death lawyers help families determine the proper plaintiff and navigate the legal requirements from the start.
What Are the Top Causes for a Wrongful Death in Roswell, GA?
Roswell families lose loved ones to preventable deaths caused by many different circumstances. Motor vehicle crashes—including car accidents, truck accidents, and motorcycle collisions—are among the most common causes of wrongful death in the North Fulton area. High-traffic corridors like GA 400, Alpharetta Highway, and Holcomb Bridge Road see serious and fatal crashes that frequently result from speeding, distracted driving, and impaired driving.
Here are common contributing factors we see among the wrongful death cases we handle in Roswell, GA:
Fatal accidents often cause catastrophic injuries like traumatic brain injuries that lead to death shortly after or days following the incident. When a loved one dies from injuries sustained in any preventable accident, the family may have grounds for a wrongful death claim regardless of whether the death occurred immediately or some time after the initial harm.
Is It Difficult to Prove a Wrongful Death?
Proving a wrongful death case requires establishing four essential elements under Georgia law. Successfully demonstrating these elements allows surviving family members to recover compensation for the “full value” of the life that was lost. Our attorneys gather evidence, work with expert witnesses, and build comprehensive cases designed to prove each element beyond reasonable dispute.
To demonstrate that a wrongful death occurred and that you should be entitled to compensation, you must be able to prove the existence of these four elements:
The other party had a responsibility to avoid harming the deceased – Common examples include motorists with a responsibility to obey traffic laws and avoid accidents and healthcare providers with a responsibility to provide acceptable standards of care.
The other party refused or neglected to uphold their responsibility – Extending the previous examples, this could be by exceeding posted speed limits or failing to adequately consult medical charts prior to surgery.
The other party’s negligence directly contributed to the wrongful death – You must be able to draw a logical connection between the other party’s negligence and the circumstances that led to your loved one’s death. To finish the above examples, the careless driver may have lost control of their vehicle because of excessive speed that caused a wreck, or a negligent surgeon removed the wrong organ during surgery.
Surviving family members suffered measurable losses as a result – Finally, you must demonstrate the extent of your losses to recover compensation for them. You can do so by supplying copies of bills, invoices, pay stubs, and bank records to show what you have paid and how much you have lost.
Wrongful death cases often involve complex investigations, especially when the death resulted from a commercial trucking crash requiring analysis of electronic logging devices and company safety records, or a defective product requiring expert engineering testimony. Our firm works with accident reconstructionists, medical experts, and economists to build the strongest possible case for each family we represent.
What Sort of Compensation is Available for a Roswell Wrongful Death?
Georgia law allows surviving family members to recover two main categories of compensation in wrongful death cases: the “full value of the life” of the deceased and economic losses suffered by the estate. Understanding what damages you can claim helps families make informed decisions about pursuing legal action after losing a loved one.
If you incurred any out-of-pocket expenses as a result of your loved one’s death, you may be able to recover compensation for those costs. This includes things like medical expenses for any treatment the deceased received before they passed away, as well as reasonable funeral or burial costs. Additionally, O.C.G.A. § 51-4-2 allows surviving family members to claim compensation for the “full value of the life of the decedent.”
The “full value” of someone’s life is measured from the deceased’s point of view and does not subtract any personal expenses the deceased would have incurred if they had survived. The following factors may be considered when calculating the full value of a life:
The projected value of the wages and benefits the person would have earned if they had reached their full life expectancy
The estimated value of the services and support the person would have provided, such as childcare or housekeeping
The value of the care, companionship, and counsel they would have provided
When families successfully recover compensation from Georgia wrongful death claims, surviving spouses are legally entitled to at least one-third of the total amount. Any remaining compensation must be divided equally among surviving children. If a surviving child is a minor, their share is typically held by their legal guardian until they reach adulthood. And if the deceased leaves behind grandchildren whose parents pre-deceased them, the grandchildren are entitled to inherit the share their parents would have received.
What is The Statute of Limitations for a Wrongful Death in Roswell, GA?
Georgia imposes strict deadlines for filing wrongful death lawsuits, and missing these deadlines typically results in permanently losing your right to compensation. Understanding the statute of limitations and any exceptions that may apply to your case is essential for protecting your family’s legal rights after a tragic loss.
If you are making a wrongful death claim, you have just two years from the date of your loved one’s death to file suit. If you fail to file your lawsuit before the deadline passes, you will almost certainly lose your right to compensation. However, there are certain exceptions to this time limit:
The statute may be paused for up to five years if the estate of the deceased has not yet been probated in court
If the at-fault party faces criminal charges for the wrongful death, the statute of limitations may be suspended for up to six years while all parties wait for the resolution of the criminal case
If the defendant concealed their identity or fled the state, the limitations period may be tolled
An experienced Roswell wrongful death lawyer can review the circumstances of your case and inform you of applicable deadlines. Because gathering evidence and building a strong case takes time, we encourage families to contact our firm as soon as possible after losing a loved one. Early investigation often preserves critical evidence that might otherwise be lost or destroyed.
Why Roswell Families Choose Butler Kahn for Wrongful Death Cases
Butler Kahn takes a selective approach to the cases we accept, focusing on serious personal injury and wrongful death matters where we can make a meaningful difference for families. We take fewer cases on purpose so we can do deeper work on each one, and we prepare every case as if it’s going to trial. This approach has resulted in significant verdicts and settlements for families throughout North Fulton County and the greater Atlanta area.
When you work with our firm on a wrongful death case, you benefit from:
Trial-ready representation – We prepare every case for trial from day one, which often leads to better settlement offers
Direct attorney access – You work directly with experienced wrongful death attorneys, not just case managers or paralegals
Thorough investigation – We work with accident reconstructionists, medical experts, and economists to build the strongest possible case
No upfront costs – We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you
Local knowledge – Our Roswell office on Canton Street gives us deep familiarity with North Fulton courts, local procedures, and the communities we serve
View our case results to see examples of the outcomes we have achieved for families in wrongful death and serious injury cases. Past results do not guarantee future outcomes, but they demonstrate our commitment to fighting for maximum compensation.
Roswell Wrongful Death Lawyer Service Areas
Our Roswell wrongful death attorneys represent families throughout North Fulton County and the surrounding areas. We handle cases involving fatal accidents on local roads and highways, deaths at area businesses and construction sites, and wrongful deaths caused by negligent healthcare providers and nursing homes in the region.
Cities and Communities We Serve
Roswell
Alpharetta
Johns Creek
Milton
Sandy Springs
Dunwoody
Mountain Park
Woodstock
Canton
Cumming
East Cobb
Marietta
Counties We Serve
Fulton County (North Fulton)
Cherokee County
Forsyth County
Cobb County
Gwinnett County
DeKalb County
Local Roads and Highways Where Fatal Accidents Occur
Many wrongful death cases we handle involve crashes on high-traffic roads throughout North Fulton, including:
GA 400
Holcomb Bridge Road
Alpharetta Highway (GA 9)
Canton Street
Old Alabama Road
Mansell Road
Crossville Road
Warsaw Road
Riverside Road
If your family lost a loved one anywhere in the North Atlanta suburbs or surrounding counties, our Roswell personal injury lawyers can evaluate your potential wrongful death claim during a free consultation.
Frequently Asked Questions About Wrongful Death Claims in Roswell
How long does a wrongful death lawsuit take in Georgia?
Most wrongful death lawsuits in Georgia take between one and three years to resolve, though complex cases involving multiple defendants or disputed liability may take longer. Many cases settle before trial, but we prepare every case as if it will go to court. The timeline depends on factors like the complexity of the investigation, the number of parties involved, and whether the defendant’s insurance company makes a fair settlement offer.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, Georgia follows a modified comparative negligence rule that allows recovery even if the deceased was partially at fault, as long as their share of fault was less than 50 percent. However, the compensation will be reduced by the deceased’s percentage of fault. For example, if your loved one was 20 percent at fault, any recovery would be reduced by 20 percent.
What is the difference between a wrongful death claim and an estate claim?
A wrongful death claim compensates surviving family members for the “full value of the life” lost, including lost companionship and support. An estate claim, also called a survival action, compensates the deceased’s estate for damages the deceased suffered between the injury and death, such as medical expenses and conscious pain and suffering. Both types of claims can often be pursued simultaneously.
Do I need a lawyer to file a wrongful death claim?
While Georgia law does not require you to have an attorney, wrongful death cases involve complex legal and factual issues that benefit significantly from experienced legal representation. Insurance companies have teams of lawyers working to minimize payouts. Having a wrongful death attorney on your side levels the playing field and typically results in higher compensation.
How much does it cost to hire a wrongful death lawyer?
Butler Kahn handles wrongful death cases on a contingency fee basis, which means you pay no upfront costs or hourly fees. We only get paid if we successfully recover compensation for your family. This arrangement allows families to pursue justice without worrying about legal costs during an already difficult time.
Can I sue for wrongful death if criminal charges were filed?
Yes, a civil wrongful death lawsuit is separate from any criminal prosecution. The criminal case focuses on punishing the wrongdoer, while the civil case focuses on compensating the victim’s family. You can pursue both simultaneously, though the civil case may be delayed if criminal charges are pending.
What evidence is important in a wrongful death case?
Important evidence in wrongful death cases includes accident reports, medical records, witness statements, photographs, video footage, expert testimony, and documentation of the deceased’s earnings and life expectancy. Preserving evidence quickly is critical because some evidence, like surveillance footage, may be deleted or overwritten if not preserved promptly.
Can grandparents file a wrongful death claim in Georgia?
Grandparents generally cannot file wrongful death claims in Georgia unless they have legally adopted the deceased grandchild or there are no surviving spouse, children, or parents. Georgia law establishes a strict priority order for who can bring wrongful death claims, and grandparents are not included in that priority list.
What if the at-fault party has no insurance?
If the at-fault party has no insurance, you may still be able to recover compensation through other sources, such as your own uninsured motorist coverage in vehicle accident cases, or by pursuing the at-fault party’s personal assets. In some cases, other parties may share liability, such as an employer or property owner, and those parties may have insurance coverage.
How is the “full value of life” calculated in Georgia?
Georgia courts consider multiple factors when calculating the full value of a life, including the deceased’s age, health, life expectancy, earning capacity, and the intangible value of their companionship and guidance to family members. Economic experts often testify about projected future earnings, while family members may testify about the loss of love, support, and guidance.
Can I file a wrongful death claim if my family member died in a nursing home?
Yes, wrongful death claims can be filed when a family member dies due to nursing home abuse or neglect. These cases often involve failures to provide adequate care, medication errors, falls due to inadequate supervision, infections from poor hygiene practices, or malnutrition and dehydration. Nursing homes and their staff can be held liable for deaths resulting from substandard care.
What should I do immediately after a loved one’s wrongful death?
After losing a loved one, you should request copies of the death certificate, preserve any evidence related to the death (such as photographs, medical records, and contact information for witnesses), avoid signing any documents from insurance companies without legal advice, and contact an experienced wrongful death attorney to discuss your legal options.
Our Roswell Office Location
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is located on Canton Street in the heart of historic downtown Roswell, near the Big Creek Greenway and Roswell Area Park. We serve families throughout North Fulton County and are easily accessible from GA 400 and Holcomb Bridge Road.
Contact a Roswell, GA Wrongful Death Lawyer Today
If you lost a loved one because of the careless, reckless, or criminal conduct of another, contact Butler Kahn today. You can benefit from a free initial case review with a knowledgeable Roswell, GA, wrongful death lawyer. We charge no up-front or out-of-pocket fees, and we only get paid when you do.
My father was in a serious motorcycle accident and unfortunately passed away soon after the accident. Butler Kahn firm in Atlanta was a true blessing
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Jeb and his team get great results for their clients! The team is hard working, organized, and very thorough. I have referred clients to them and he i
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